Activist seeks injunction against use of 'Cleveland Indians' name and logo

Nicole Thompson

This is an undated file photo of architect Douglas Cardinal. Cardinal, a prominent indigenous activist and architect, is seeking a court ruling that would prevent the Cleveland Indians from wearing their regular jerseys, using their team name and displaying their logo when they play against the Blue Jays in Toronto this week.

Image Credit: THE CANADIAN PRESS/ Terry McEvoy

October 16, 2016 - 8:00 PM

TORONTO - A prominent indigenous activist and architect is seeking a court ruling that would prevent the Cleveland Indians from wearing their regular jerseys, using their team name and displaying their logo when they play against the Blue Jays in Toronto this week.

Douglas Cardinal, an officer of the Order of Canada, has filed applications to the Ontario Superior Court, the Human Rights Tribunal of Ontario and the Canadian Human Rights Commission, arguing that the Cleveland Indians' team name and mascot — Chief Wahoo, a cartoon man with red skin and a feather in his headband — are offensive and discriminatory.

His application seeks an injunction against the team, Major League Baseball and Rogers Communications, which is broadcasting the American League Championship Series between the two teams.

Rogers also owns the Blue Jays and the stadium they play in, the Rogers Centre.

A hearing will be held Monday on the application at the Superior Court.

It's just the latest move in a push against the team's name, as the United Church of Canada and the United Church of Christ have urged the team to change its name.

Michael Swinwood, who is Cardinal's lawyer but is not formally involved in these proceedings, said that the team should stop using its name and logo altogether.

"We should be displaying more consciousness in the choices we make in relation to logos," he said. "It's offensive to indigenous people, and it needs to be addressed."

He said that the logo reflects stereotypes and misunderstandings about indigenous cultures, lumping diverse groups of First Nations into one offensive, homogenous cartoon.

"It's much deeper and more profound than a logo being offensive. It's really an indicator of why that relationship (between First Nations peoples and society at large) is so flawed. Because there's this lack of recognition of what the true conditions of native peoples have been over the last 500 years."

James Fuller, a spokesperson for Cardinal, said the Cleveland Indians should just be referred to as "the Cleveland team" for the time being.

He said he's under the impression that the team has jerseys without its Chief Wahoo logo that players could wear.

Aaron Lazarus, a spokesperson for Rogers Communications, said in a statement that broadcasting the game without displaying the team name or logo "on the field, in the stands and in the stadium" would be "virtually impossible," although Fuller said the application to the courts doesn't include barring fans from carrying paraphenlia with the logo or team name.

Lazarus also said that the company understands "the Cleveland name and logo is a concern for a number of Canadians," but added, "the playoff series between the Jays and Cleveland is also significantly important to millions of passionate baseball fans across Canada. Punishing these fans by blocking the broadcast of the games doesn't seem like the right solution."

A spokesperson for the law firm representing Cardinal, Lenczner Slaght, declined to comment.

A representative from the Cleveland Indians said the team was "aware of the situation" but declined to say anything else.

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